Colorado § 40-43-103 - Definitions.

§ 40-43-103. Definitions.

As used in this article 43, unless the context otherwise requires:

(1) "Accredited capacity" means the capacity value given to a particular resource based on nameplate capacity and the effective load-carrying capability that is applicable to the resource, as identified and explained by the load-serving entity in its resource adequacy annual report.

(2) "Colorado energy office" means the Colorado energy office created in section 24-38.5-101 (1).

(3) "Commission" means the public utilities commission created in section 40-2-101 (1).

(4) (a) "Load-serving entity" means an entity with a load-serving obligation.

(b) "Load-serving entity" includes:

(I) A cooperative electric association, as defined in section 40-9.5-102 (1), that has voted to exempt itself from commission jurisdiction pursuant to article 9.5 of this title 40;

(II) A joint action agency established pursuant to law; and

(III) A municipal utility.

(c) "Load-serving entity" does not include a renewable energy generation facility exempt from regulation as a public utility pursuant to section 40-1-103 (2)(c).

(5) "Load-serving obligation" means an obligation to:

(a) Provide retail energy, capacity, or ancillary services to serve electric customer load; or

(b) Provide wholesale electricity to an entity obligated to provide retail energy, capacity, or ancillary services to serve electric customer load.

(6) (a) "Planning reserve margin" means the projected amount of additional generating capacity available on an annual basis, above forecasted weather-normalized loads, to cover future uncertainties such as temperature variations and resource outages.

(b) "Planning reserve margin" is reflected as a fraction that is calculated by subtracting firm peak demand from the sum of accredited capacity and dividing the resulting number by the firm peak demand.

(7) (a) "Regulatory oversight entity" means the entity responsible for approving the electric resource plans or the retail or wholesale rates of a load-serving entity with respect to a load located in the state.

(b) "Regulatory oversight entity" includes:

(I) The applicable city council or governing board for a municipal utility or a joint action agency established pursuant to law;

(II) The governing board for a cooperative electric association; and

(III) The commission for a public utility.

(c) If a load-serving entity does not have an applicable regulatory oversight entity, the load-serving entity's regulatory oversight entity for the purposes of this article 43 is the commission.

(8) "Resource adequacy annual report" means an annual report that a load-serving entity is required to provide to the applicable regulatory oversight entity pursuant to section 40-43-104.

(9) "Resource adequacy reporting period" means a period of at least five consecutive years beginning in the year following the year in which a load-serving entity provides its resource adequacy annual report.

Source: L. 2023: Entire article added, (HB 23-1039), ch. 111, p. 397, § 1, effective August 7.